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Title of collection: University of North Carolina Papers (#40005),
University Archives, University of North Carolina at Chapel Hill

Title of document: Letter from David L. Swain to Charles Manly, October
10, 1856 [Containing Enclosures from Elisha Mitchell, John Thomas Wheat,
Albert Micajah Shipp, Charles Phillips, James Phillips, and Manuel
Fetter]

Author: D. L. Swain

Description: 33 pages, 38 page images

Note:
Call number 40005 (University Archives, University
of North Carolina at Chapel Hill)

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The Committee appointed to report the facts connected with Mr Whitakers case (Messrs MitchellHubbard and Shipp) submitted through the Chairman the
Revd Dr Mitchell, yesterday evening a Report which was
concurred in by the Faculty, and a copy of which is transmitted herewith.

In addition to this Report of the Committee various members of the Faculty who
voted against the dismission of Whitaker will I understand transmit separate accounts
of the views they took of the discordant statements of the instructor and the
pupil, and the conclusions which they deduced from them. The verdict of a jury
must be unanimous, and yet it may be the case, that no two of the twelve, may
understand the evidence precisely in the same way. With the members of the
Faculty from the constitution of the human mind the same diversity must exist.
The jurors enquiries are confined to the evidence before him, the member of the
Faculty hears the statement of the instructor and the pupil, and connects with
it his own knowledge of the character and conduct of both parties in their
respective spheres. The final vote of the Faculty of which Mr. Herrisse complains, stood as follows, for dismission Professors Hubbard
and Hedrick, Tutors Pool, Lucas, Battle and Wetmore,
against it Professors MitchellPhillipsFetter, Wheat, Shipp and
Brown — 6 & 6 — Professor Charles
Phillips declining to vote, on account of personal difficulties with Mr
Herrisse.

Page 2

The transcript of the record shows that all the offences recorded against Mr
Whitaker during the Sophomore year occurred in Mr Herrisse's department. He was
instructed during the year by Professor Hubbard Tutors Pool and
Wetmore who voted in the affirmative, and by Professors Fetter, WheatShipp and
Brown,
who voted in the negative. All these gentlemen concur in the statement that his
deportment in their respective departments was uniformly good. Mr Lucas to
whom he recited during the first session of the Sophomore year, states that he
had some trouble with him at the beginning but that he improved as the session
advanced.

Of the elaborate document which is understood to have been placed before the
Committee or Trustees, having never heard of its existence until
yesterday I am of course unprepared to speak and think it altogether probable
that I shall not be disposed to say much at any time. I understand many evils
are pointed out, and reforms proposed in the conduct of things here. Some of
these may be and probably are judicious.

Mr Herrisse is
not wanting in ability to be useful, is industrious, studious and pains taking,
and the labour which he bestows on beating the air if expended in endeavours by
kind intercourse with the young men in earnest efforts in the recitation room
and out of it, to promote their mental and moral improvement, would leave him
fewer evils to complain of and fewer remedies to suggest.

The fertility of his invention, and the confidence and pertinacity with which he
presses his plans in relation to matters, not within his sphere, are probably
productive of fewer blessings

Page 3

to humanity, than he
supposes. There is no executive function in connection with the University, to the proper discharge of which he does not
esteem himself competent, and to which he does not aspire, from the selection of
a Chaplain for the Seniors, to the appointment of tutors for the Faculty. I have
earnestly kindly and perseveringly endeavoured to restrain and correct these
idiosyncrasies, and make him what he ought to be a very useful acceptable and
respectable instructor. I know that I have sometimes been censured in the
Faculty and out of it for looking with too much indulgence upon the follies and
foibles of the young. Be this as it may I can say conscientiously that I have
not since my connection with the institution, borne or foreborne with any one, man or boy to the same
extent that I have with Mr Herrisse, and that I would now much rather reform him
than drive him to a resignation. As President of the University I
have always endeavoured to sustain every member of the Faculty, in the proper
discharge of his appropriate functions, and in any difficulty with a student to
regard him as prima facie in the right. Beyond this I
cannot go nor act upon the principle that the instructor never errs, and the
pupil is always wrong.

Mr Herrisse
complains that "the discipline at the University is
lax, and impunity an occurrence of every day life" that his task as an
instructor is "altogether impossible," that to "these
manifold tribulations is added a disposition on the part of his colleagues to
drive him to a resignation" and that "a due sense of self
respect," requires him to seek redress of these evils from the Trustees.

These are no trivial allegations, and are either true or not true. If true his
colleagues are feeble and inefficient in the instruction and government of the
young, tyrannical, in their intercourse with Mr Herrisse and ought to be promptly
dismissed from the institution, and their places supplied by abler,
fairer and better men. And if this be not immediately done, and his
"self respect," is in any due proportion to his self esteem,
deliverance from "these manifold tribulations" will be cheaply
purchased by the "resignation" of $800 per annum.

On the other hand if these charges are not true, but proceed from a peevish,
fretful, fault finding disposition, it will not be very wonderful if he who
deals in such indiscriminate and unsparing denunciations of the old, shall be
found arrogant and supercillious in manner and harsh in remark toward the young,
and neither command their respect nor conciliate their affection. What ever may
be the merits or demerits of Mr Herrisse, if the Committee will in connection with Mr
Whitakers case, examine the Faculty Journal for the last three years and
the leading incidents in his history here, it will probably be found

Page 6

that during his connection with the Institution, he has had more personal issues with young men, than
any other, if not than all the other members of the Faculty.

I shall enter into no examination of the record in Mr Whitakers case, farther than
to meet the following specific allegation, of duplicity and subterfuge
"Six members of the Faculty voted that Mr Whitaker be dismissed, five
against it, and were joined by Gov Swain which caused
the motion to be lost. After the vote had been taken and result ascertained, the
President little willing as I imagine, to bear the responsibility of such an
unjust measure found that the motion was out of order."

The exact truth in relation to this incident as nearly as I can state it, and I
have appealed to the memory of every one present, is as follows The established
rule of the Faculty practised upon for years, is that whenever an instructor
summons a student before the Faculty at Evening Prayers he considers the
offence, as calling for admonition only, on the part of those members of the
Faculty who may happen to be present. If he regards it, in a more serious light,
and as requiring suspension or dismission, previous notice to the President is
required, that he may be able to have a full faculty summoned and prepared for
the investigation. That Mr Herrisse understood the usage perfectly is shown by the
accompanying note (A) in relation to Mr Singletary, who was suspended a few evenings before the
affair with Mr Whitaker.

Mr Herrisse,
without any previous notice to me in the absence of the Senior Professor, and
Prof Charles
Phillips, reported

Page 7

Mr Whitaker at
Evening Prayers for disorderly conduct in his recitation room. I was unwell, the
evening was far advanced cloudy and damp, and my deafness, at the time so great
that I was unable to hear a word spoken either by Mr Herrisse or Mr Whitaker. Mr
Whitaker as usual in such cases was reprimanded by the several members
of the Faculty in turn, and at the close by me. I remarked to him in substance
that I had not heard a word of his defence, but could easily infer from his
manner then, and his previous course of conduct, that his deportment towards Mr
Herrisse
was very reprehensible. That his previous difficulties should have produced a
spirit of forbearance, and that his course was wanting in magnanimity
&c.

I then directed him to retire, regarding the case was at an end, when I was
surprized by a motion of Prof Hedrick to dismiss
him. Supposing that the Faculty would perceive the irregularity of the
proceeding and reject the motion without a count, I put the question, and found
Professors Hubbard and Hedrick Tutors Pool, LucasBattle and
Wetmore for the motion and Professors Phillips, Fetter, WheatShipp and
Brown
against it. The vote standing 6 to 5 I simply remarked I should vote in the
negative, that the motion to dismiss ought to have been ruled out of order, as a
full Faculty was not in attendance, and no notice had been given to summon one.

It is proper that I should state now that I neither knew, nor suspected until the
receipt of the Resolutions of the Executive Committee adopted on the 4th. inst. of the existence of these charges of Mr Herrisse.

On the 9th August while the matter set forth in the extract
from the Faculty

Page 8

Journal marked B was under the
consideration of the Faculty, Prof Hedrick addressed me a
letter (C) from which I make the following extract "I saw Mr Herrisse a short
time after I left you. He was very much excited on account of the insults which
had been heaped upon him by Professors — said that he had intended to
meet you in the same kindly spirit which you had manifested towards him that
evening, but had been prevented from doing so, by the assaults made upon him by
other members of the Faculty. He also said "as soon as things become
quiet and all outside pressure is removed you will see me come out and give
Governor Swain all that he asks and even more."

When the vote of the Faculty was taken upon the subject on the 15th August Professor Hubbard
"declined voting on the ground that the whole subject to which the
Resolutions refer was before the Trustees to be acted on by them, having been
brought before them by an appeal on the part of Mr Herrisse. He considered the
subject therefore on the merits of which he declined voting to have been placed
out of the proper jurisdiction of the Faculty."

Instead of the reparation promised through his friend Professor Hedrick on the 9th August I find myself impeached
before the Executive Committee on the 27th of September. Where the "Appeal" is or what it is
(spoken of by Professor Hubbard) I have no knowledge. I suppose it is not
before the Trustees or I would have received notice. What other communications
may have been made to the Board, or the Committee, or to individual members
of

Page 9

either, I know not. I only know that I have
neither written, nor spoken any thing of Mr Herrisse that has not been
communicated to him.

I have entered very reluctantly into this matter. I have never given the Trustees any trouble in relation to dissensions in the Academic corpse,
and on the other hand, am now for the first time arraigned by one of my
"colleagues." I had hoped that the vote of the Faculty on the
15th August in relation to the proceedings set forth in
the paper B above referred to, would have rendered all further reference to the
subject unnecessary, and did not even direct the statement to be recorded in our
Journal until yesterday. Mr Herrisse's recent proceedings admonish me that this
determination was characterized rather by kindness than prudence. I therefore
beg leave to invite the particular attention of the Executive
Committee to the paper, and invoke their decision upon all the points
discussed and considered by the Faculty.

Page 10

Page 11

Extracts from the Faculty Journal, containing all the
proceedings of the Faculty, in cases wherein Wm Whitaker has been
reported to them for discipline by Mr Herrisse, from October 4th 1855 until this day Oct 6th. 1856.

October 4th. 1855.

"Messrs Ringo and
Whitaker appeared before the Faculty, and were admonished for disorderly
conduct and disrespectful language to Mr Herrisse at recitation. Mr Whitaker,
having made an insulting remark about Mr Herrisse before the Faculty, was
required to send a written apology to morrow, on pain of being dismissed, if he
should fail to comply with this injunction."

"Nov. 13th.

Mr Whitaker
was reprimanded for impertinence to his instructor in the same (French)
department. After he retired, it was moved, in consideration of his repeated
offences of this kind, that he be dismissed. This motion was ordered to lie upon
the table, and Prof Mitchell was directed to inform him, that it would be taken up and
carried, if he should appear before the Faculty again upon a similar
occasion."

Page 12

"February 15th. 1856.

"Mr Whitaker of the Sophomore Class appeared and was admonished for
impropriety at recitation. A motion was made to dismiss him in consideration of
his repeated offences of this description. It was ordered that this motion
should be laid upon the table and that he be informed of the fact as a warning
against further transgression."

(In this instance, the record does not state at whose recitation the impropriety
was committed, but the Secretary distinctly remembers that it was at Mr Herrisse's).

"August 14th. 1856.

"Whitaker of the Junior Class appeared before the Faculty —
reported by Mr Herrisse — to answer for impertinence to him at
recitation. A motion was made to dismiss him, which was lost by the casting vote
of the President, because there was not a full meeting of the Faculty and no
application had been made, according to the usages of the institution to have one summoned. The ayes were — Profs
Hubbard, Hedrick and Tutors Pool, Lucas, Battle and
Wetmore. Nays — Profs Phillips, Fetter, Wheat, Shipp and
Brown.

Page 13

Prof Phillips was then
appointed to visit his mother and inform her of his conduct and of
his peculiar relations to the Faculty."

"August 15th. 1856.

"Prof Phillips reported that he had discharged his mission to
Mrs
Whitaker to day; that among other things she remarked about her son, that he was very desirous to be withdrawn from college, and that
she had written to ask his father's advice upon the subject, and that
until an answer should be returned, she begged for him the advice of the
Faculty, as far as might be"

The committee to whom was given in charge the memorial of Mr Herrisse to the
Executive Committee of the Trustees of the University, with instructions to prepare a minute explanatory of the
course of the Faculty in the matter of the discipline of the institution and exculpatory of certain members of it in their
relations to Mr Herrisse to be transmitted to Raleigh along with the
record of the proceedings in the case of Mr Whitaker, respectfully offer
the following.

The passage of the memorial which first of all demands attention is the opening
paragraph.

"It is a difficult matter at all times to command the attention and
respect of a large class of college students; but when the discipline is lax and
impunity an occurrence of every day life the task of the instructor becomes
altogether impossible. If to his manifold tribulations we add a disposition on
the part of his colleagues, to drive him to a resignation, or if such a belief
is current among the students, a due sense of self respect makes it incumbent on
him to apply for redress to those to whom the individual welfare of the members
of the Faculty is intrusted."

Two particulars require attention here — the representation that the
discipline of the institution is lax, and impunity common
— and the charge that there is a disposition on the part of his
colleagues to drive him to a resignation.

1 We can very well conceive that to a person born and educated in Europe where the
governments are so much stronger and the administration of justice is more
despotic than amongst ourselves the discipline of the American colleges
generally may appear some what lax, but we are far from believing that it is
necessarily the worse on that account. That government is the best which is best
suited to the characters, habits and feelings of the people whose condition is
to be influenced and their conduct to be regulated by it. And whatever may be
the individual opinions of any one of our number we are compelled in the
administration of discipline to pay a considerable respect

Page 16

to what we suppose to have been the early training of the young men
and the views of what is right and proper, that they have been led to entertain
at home. It is our object to maintain as strict a discipline as public sentiment
in the country and the best interests of the young men may seem to permit or
demand. Beyond this it appears to us a folly to attempt to go. If the decisions
of the Faculty are in the view of the students, of uncalled for severity,
arbitrary, and as some of them may be led to represent, tyrannical, a spirit of
opposition to the government of the institution is gotten up which is likely to
do more mischief than impunity sometimes occurring. It has been our object
therefore to have the discipline of the University
mild and parental, rather than severe and disregardful of the interests of such
as might be unpleasantly affected by it. In this way the judgments of nearly all
the students are brought to approve of the decisions of the Faculty. There is no
revulsion of feeling on their part, and condemnation of what we have done. These
are important elements of quiet and order.

With very nearly 400 students in attendance on the duties of college, many from
places considerably remote as well as those near at hand, it is by no means as
easy to maintain order and quiet as if there were only one fourth the part of
this number. Irregularities there always will be, but these have been promptly
and effectively checked, whenever there seemed to be an occasion and opportunity
for the interposition of the Faculty, and as we think, in a way to conduce to
the welfare of all concerned. It is our belief that the session which is passing
does not fall behind those which have preceded it, in a general correctness of
deportment on the part of the students and we suppose it to be pretty far in
advance of many sessions in this particular.

2. With regard to the charge of Mr Herrisse, that there is a disposition on the part of
his associates to drive him to a resignation we have only to say that we hope it
is unnecessary for us to assure the Committee that we have entertained no such
purpose and have indulged in no such feeling. It may be mentioned in evidence of
this, if proof shall be deemed necessary, that the appointment of Mr Herrisse to the
place he now fills, in the first instance, was on the recommendation of the
Faculty

Page 17

and that this recommendation has been a
certain number of times renewed (we cannot say how many times) at the close of a
session. That a charge of the kind mentioned may have been brought in some
particular instance by a student who was wanting in
judgment or in good feeling towards the Faculty, we can readily believe, and
that it may have been regarded as well founded by some person or person or
persons, is not altogether incredible but that a belief has been current amongst the students that there was or is a
disposition on the part of Mr Herrisse's colleagues to drive him to a resignation we
have no doubt is a total mistake. There is so much of generosity, and such a
love of fair dealing amongst them as would serve to create a reaction in Mr
Herrisse's
favor. He would be placed above the machinations of his colleagues, one and all,
if it were supposed or even suspected that they are inclined to act in such
manner against him.

William
Whitaker with the history of whose misdemeanors, and the proceedings of
the Faculty in connexion with them, the memorial of Mr Herrisse is mainly occupied is
the son of Col. Spier
Whitaker formerly Attorney General of North Carolina. Col. Whitaker has had
four sons educated at the University,
three of whom are graduates. He has two other sons now with us, and a third in
training near Hillsboro for the next freshman class. William
Whitaker has conducted himself tolerably well at the recitations of his
other instructors, and at some of them remarkably well. Against Mr Herrisse he seems
to have entertained a dislike from the beginning of his coming under the tuition
of that gentleman. We are all liable more or less to these accidents and hold
ourselves bound to treat such cases with a peculiar tenderness and care. It has
been the opinion of some members of the Faculty that Mr Herrisse did not always manage
them with tact, judgment and good temper: that he sometimes made issues which
might have been avoided.

Their children not getting along in a way to please them, it was arranged between
Col Whitaker
and his Lady, that he remaining in Iowa; she should come to Chapel Hill, purchase if possible a house, reside here,
advise with, and as far as she could, control her sons. A lot was purchased and
the house is now partly finished. Under

Page 18

these
circumstances occurred the difficulties that are the subject of Mr Herrisse's
memorial. The young man conducted himself badly, beyond doubt, though it was
thought by some members of the Faculty that Mr Herrisse himself had acted
indiscreetly and goaded him on to the improprieties into which he was betrayed.
As is stated in Gov. Swain's communication to the Executive
Committee read last evening to the Faculty — William
Whitaker was cited by Mr Herrisse to attend after evening
prayers when, as the whole body of the Faculty is seldom present, it is
not in order to do more than reprimand for
misconduct. It is not according to the regular course of business to offer
a motion to dismiss or suspend. A motion to dismiss was nevertheless made and
lost by the casting vote of the President. Dr Phillips was then sent
to have an interview with Mrs Whitaker and his report was of such a character as
to induce the Faculty to suspend for the time being, all further proceedings
against the young man. Mrs Whitaker desired a postponement of the whole
business, till she should be able to communicate with her husband and receive
his reply. We supposed that the Whitaker case would give us no farther trouble. It was
called up at length to be finally disposed of, and with the hope and belief,
entertained by some of our number, that the presence and influence of the mother
would prevent future disorder on the part of the son, the motion to dismiss was
lost. These hopes and expectations have not been disappointed.

As far as I am concerned in the matters brought before the Trustees by Mr. Herrisse, I should be entirely satisfied not to add a
word to what has been so well said in reply; both by the President & by
the Committee appointed by the Faculty. The other gentlemen complained
— I think it advisable, however, that each one of us should give his
own judgment of the case, and I beg leave, therefore, very respectfully to
submit my views of it.

When I first came here, seven years ago, I thought, as Mr. H. does, that the
discipline of the college was too lenient. I had some difficulty
also in keeping order in my recitation room; & was obliged, sometimes,
to invoke the interposition of the Faculty. I have gratefully to acknowledge
that my inexperience & blunders were charitably regarded by my
colleagues; that they helped me out of my personal difficulties &
counselled me wisely as to the ways & means of avoiding them. I think I
may say I profited by their advice; for I have not had occasion to bring a
student before the Faculty for years past; & I have long been persuaded
that the policy pursued

Page 20

here, in the exercise of
authority & enforcement of discipline, as the very best —
the only expedient mode of college government that can be employed. I have seen
numerous instances, when patient forbearance, kind admonition, & a
ready reception of any, even a slight, promise of amendment, have resulted in
saving the student from disgrace & ruin. And if an administration is to
be judged by its results, surely the present condition of the University must be allowed to be very satisfactory. The number of
students has been considerably more than doubled since I came here; &,
instead of increasing disorders, there has been a most remarkable improvement in
their general deportment.

As to the particular grievances of Mr. Herrisse, I cannot but think them
mostly owing to his own peculiar faults of temper & character. In the
Whitaker case, I could not sustain him, as I had often before done;
because I really believe that, with ordinary prudence, he might have avoided the
difficulty, altogether: &, again, when he did make the personal issue
with Wm W. he had no right to forestall the
judgment of the Faculty & call upon us to execute his sentence. Mr.
Herrisse
feels at liberty to impugn the motives of those who voted against dismissing
Whitaker, alleging that they

Page 21

thus sought to
drive him to a resignation. Had he not, rather, sought to drive us to the
dismissing of Whitaker by threatening to resign, if we refused? There are some
things, however, which even Mr. Herrisse cannot do; but I am afraid he will not learn
the lesson, short of the operation of Trepanning; so
wittily recommended, in the case of a certain English politician, by the Canon
of St. Paul's.

With the request that this may be laid before the Executive Committee along with the other
papers upon the subject, I am, my dear GovernorYours truly

I did not vote to dismiss Mr Whitaker when reported by Mr. Herrisse at evening prayers in
the Chapel to be lectured for disorderly conduct in his recitation room because
I thought him already sufficiently punished for his offence by the rebukes which
he received from different members of the Faculty who were called upon in turn
to admonish him. Mr. Whitaker denied warmly the justness of the
representation given by Mr. Herrisse stating that he had exaggerated his case which I believed to be true as almost every case
reported by Mr. Herrisse had been an extreme one. It did not appear from the defence
that Mr. Whitaker had any deliberate intention either to disturb the order of the
recitation

Page 24

room or to set at defiance College authority but on the contrary that he declined to
recite when called on by Mr. Herrisse because he had not prepared the lesson and
therefore as is common in all such cases — in the language of the
students — "fessed" — using a slang
phrase (very improperly) to signify the fact. The laughter that ensued in the
class was believed to be more the result of Mr. Herrisse's manner than the
language used by Mr. Whitaker. This declination to recite in the peculiar
relations existing between the parties I thought Mr. H. ought to have
accepted & not to have rushed into a personal altercation with Mr.
W. in the recitation room & in the heat of the quarrel to have
ordered him out closing the scene with an authoritative menace that he would
either have Mr. W. dismissed from College or he
would leave himself. This committal

Page 25

on the part of
Mr. H. I most
decidedly disapprove of. The resolution to dismiss Mr. W upon a recurrence of
disorder in the recitation room passed in the preceding session I did not
consider necessarily binding during the present as it is our custom to begin
each session or unrecovered making each answer for its own
offences.

In the final action of the Faculty on Mr. W.s case I did not vote to
dismiss because in addition to the above and pending the difficulty with Mr.
W. Mr.
H. thought
proper to complicate the case by divulging and misinterpreting language used in
Faculty meetings in reference to Mr. W. giving out to the
students that the Faculty did not dismiss Mr. W. because he was thought to
be deranged which was wholly untrue — and because moreover in view of
letters received from his Father & interviews had with his
Mother now residing in

Page 26

in Chapel Hill
& Mr. W. himself, it was deemed on the whole to be best — it being
my confident belief that under fair & proper treatment there would be
no recurrence of difficulty on the part of Mr. W. as the rest of the
Faculty have no cause to complain of his deportment but rather to commend it and
as in my own recitation room he has always conducted himself in a most
unexceptionable manner.

Govr. Swain has intimated in one of his late letters to you
that my relations to Mr. Herrisse are not of a friendly
kind. I might therefore be excused from noticing his
criticisms as far as they comprehend me. But that it may appear that I am really
one of those arraigned — although now always voting a non liquet where Mr. Herrisse is
concerned — I send this my adhesion to the acts of the majority
— lax as they may be. This imputation of
lax discipline is to say the least a very cheap criticism — one
readily listened to, and among the thoughtless likely to gain one credit.
Whether it is deserved here — no one can tell from the inspection of
our records which generally give the results without the reasons for them. If
our pupils are surrounded with stricter and holier influences here than they are
in the majority of the villages

Page 28

and homes of the
country — I am sure that we are doing a good work here —
we are elevating the moral tone of the community — it may be slowly
but is it not surely. Now it should always be remembered that a stern and rigid
discipline is an easy one for the Governors of an Institution. To prescribe a
punishment — to decide whether it has been incurred — and
to inflict it are rapid and easy processes. By promptly cutting bad scholars we
save ourselves much trouble, vexation of spirit — many worryings and
expostulations, and mortifications that such an ignoramus was our pupil. But our
object if I understand it aright should be not only to improve the good
— rather to keep them where they are. It should also include the
making the bad good How can we do this if we do not keep them as long with us as
we can. I know that it is written "Because sentence against an evil
look is not speedily executed, therefore the hearts of the children of men are
fully set in them to do

Page 29

evil.." But He who
thus graciously reminds us of the dangers that beset us — bears with
us time and again.. I do not say that we must shut our eyes to the deliquencies
of our pupils — or that they should ever be allowed to think us weak
or forgetful. But there is a "Charity that covers
a multitude of sins." How many it ought to cover is a serious
question — and one I beg leave to submit not likely to be intuitively
decided by one of a defective education and regardless of the precepts of our
holy Religion.

I am a teacher's son — one whose long success shows that he can teach.
I have been accustomed to hear the private discussions of eminent teachers at
home and abroad. I have been a teacher now for fifteen years — I love
to teach, and I expect to die a teacher among the people who have known me from
infancy — and have honored me more than I deserve. Having thus proper
instincts to gratify and a professional reputation to secure, it is not likely
that I have

Page 30

lightly or wickedly pursued such a
course as that imparted to me and my colleagues by Mr. Herrisse. Among
other criticisms issued so infallibly by Mr. Herrisse is one
that your honorable body has been so careless as heretofore to have made
Professors of the French language and Literature out of bakers and fencing
masters. This may have been a misfortune, but many of us think that it is not
relieved by having them succeeded by a watchmaker. There is something in being
"to the manner born."

Our plans are practices here may be such as surprise all
who do not know us. But one thing may be said that endorsed by our
experienced Board of Trustees they have in twenty years given us access to the
heads and hearts of 395 of our young fellow citizens instead of 89.

We rejoice — Sir — to learn that the pains of your body
have been mitigated, and that you may for years to come help us with your wise
counsels and judicious approval.

Before I am "hung, drawn & quartered" on account of
the serious charges exhibited by Mon. Herrisse against sundry members
of the Faculty, amongst whom, your humble servant, unfortunately, happens to be
found, I desire to say a word or two in palliation of my offence & in
mitigation of my sentence.

MrWhitaker
was cited before the Faculty, as stated in Gov. Swain's letter to the Trustees, by M. H. & a motion made to dismiss him, which was lost by the
casting vote of the President, who remarked that the proceeding was irregular
because a full meeting had not been called & was not present. A motion
was then made instructing me to see Mrs
Whitaker, his mother, state the case to her fully & see if she
could not bring her authority to bear on her child, that, at least, no further
trouble from him might be apprehended. She expressed her thankfulness for the
kindness shewn to herself & the leniency with which her son had been
treated & begged that, if possible, no further steps should be taken
for the present in the case until a reply to a letter written to the Col.
should be received. She further said that William had told
her of what had occurred & on her remonstrating with him for his
disrespectful conduct towards his teacher he said that he believed, &
his class also, that the "Frenchman was a liar & an
infidel," & that he could not respect him. This conversation I
reported privately to Gov. Swain, before the meeting of
the Faculty to whom I only made known Mrs W's
feelings & her request for a respite.

As to the vote I gave in the Faculty I must say that after the lapse

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of so many weeks I see no reason to change it. It
is true, that MrW's reply
when called to recite was improper; but it was scarcely prudent in his teacher, knowing
the state of his pupils feelings towards him to press the matter any farther
& get into a controversy with him before the class, nor does it appear
to me that the complexion of the case changed for the better when M. H. ordered him
to leave the room. It was exercising the highest power of a single college
officer, — a power which me judice, ought
seldom to be used & only in extreme cases & when the teacher
is calm, collected & unexcited; a state of mind & feeling
which M. H. did
not possess. But admitting all this to be precisely what it ought to have been I
do not think, I can't think that MrHerrisse had
any right to threaten dismission or suspension, or, should he fail in securing
such a sentence, he would resign his situation; & I do not think it was
either courteous or courageous secretly & without the least semblance
of truth to ascribe motives to those, who felt they could not sustain his views,
which they do not think themselves base enough to entertain. To a want of
prudence on the part of M. H must be attributed the fact, that when
subsequently interrogated by a member of the Junior Class why Wm W. was not dismissed, he replied "because the
Faculty deemed him insane," & for which there is reason to
believe, he would have been treated roughly but for the timely & active
interference of one of the accused.

As to the charge of a design, on the part of some of M. H's
"colleagues," to drive him from the Institution, I
must say there is not a particle of truth in the
allegation; & I can only account for the charge being made by
supposing, that he was conscious that his petulance & arrogance would
justify such a course. I do say this is a very inconsiderate charge. It implies
so much blindness on our part, such a want of the power of perception in his
enemies, that makes one ashamed. Why, my

Page 33

dear Sir,
the manner in which he thrust himself on the Faculty,
the tenacity with which he has held on, & the modesty with which he has pressed his claims on the trustees for a Professorship, indicate so surely his delicate
sensibility to what was due to himself, & his mere appreciation of the
"το
πρεπου" of
the ancient Greeks, that forbid all hope of success in such an eliminating
process.

Hoping that you have been restored to your usual health & that
for many years yet future you may be spared as a light to your family
& your Alma Mater

Mr. Whitaker having been summoned by Mr. Herrisse to appear before the
Faculty in the Chapel after Evening Prayers, was charged by him with grossly
improper conduct in his Recitation Room — that when called upon to
recite, he refused to do so, replying in a slang phrase, "you are out
of it," which phrase (not being understood in the sense in which it was
intended) was regarded as the language of insult by Mr. Herrisse, who, after indulging in
some severe remarks, told him that he must either recite or leave the room. Mr.
Whitaker declined to do either, whereupon Mr. Herrisse, becoming excited, ordered him to leave the room, & on his
refusing to do so, declared that he would have him dismissed from College, or if that were not done, that he would

Page 36

leave himself. Mr. Whitaker, when called upon
for his statement, replied that Mr. Herrisse's account of the affair was exaggerated
— that he did not know his lesson & had used the phrase
above quoted to inform his Instructor of the fact — that he stated in
the Recitation Room that he had made no previous preparation &
therefore could not recite. This statement made by Mr. Whitaker in the presence of
the Faculty, was not contradicted by Mr. Herrisse at the time. Now I do
not wish to be understood as defending the conduct of Mr. Whitaker. On the contrary I
consider it very improper & as deserving of punishment. But, under the
circumstances, I am free to say that this unpleasant difficulty might easily
have been avoided by the exercise of a little tact & ordinary prudence.
Mr. Herrisse
having been the only member of the Faculty, who has ever cited him to appear
before them, or who has, at any time, had any serious trouble with him,
& knowing the peril in which he (Mr. W.)

Page 37

stood, in the event of his coming before that Body again seemed to
me to have taken advantage of his position in his treatment of him & to
have goaded him into resistance.

Another motive operated upon me in voting as I did, viz, that no member of the
Faculty has a right to commit the whole Body to any course, which may seem
agreeable to himself, especially when he may be excited by anger, or heated by
passion. In my opinion, it would be far better for the interests of the College, that the offender should escape unpunished, than that
arbitrary power of this kind should be placed in the hands of a single
individual. Such a practice, if once adopted, would introduce a host of evils
into the government of the Institution,
which would, in a short time, drive from its walls all honorable &
high-minded young men. I have always held this opinion & stated it, at
the time, to Dr. Phillips
& Prof. Shipp, as the ground of my action in the premises. I did not then,
nor do I now think that Mr. Herrisse ought to have been

Page 38

sustained in the course he chose to adopt of threatening a student with
dismission, simply because his orders were disregarded by him.

My own intercourse with Mr. Whitaker has been pleasant & agreeable. He has
always shown a commendable diligence in the studies of my department &
has been very attentive in my Recitation Room.